Letter from J.H. Crawford, M.D. to Senator Len B. Jordan

Senator Len Jordan
Washington, D.C.
Dear Senator Jordan:
I thought you might be
1210 Alder Drive
Twin Falls, Idaho
March 14, 1967
Dear Senator Jordan: I though you might be interested in several
things going on in Idaho. Quite a number of voters
throughout the state are becoming disturbed about Urban
Renewal with its confiscation of private property and
uncontrollable costs, and with the alleged recodifi~ation
of Idaho's laws governing municipalities. To my mind,
this recodification actually is a far-reaching revision
of the laws. Making a village of 125 paople adopt the
planning commissions, officials and paraphernalia of
Boise seems quite a change.
I am enclosing two analyses made of the Urban
Renewal Act of 1965 and of House Bill 3, revision of Idaho
municipal laws.
I would be most appreciative of any comments you
might care to make.
Very truly yours
~~~J;, ,'Jt£J
J. H. Crawford, M.D.
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
THE URBAN RENEWAL ACT OF 1965 RE-SCRUTINIZED
By
J. H. CRAWFORD
NOTE: The Urban Renewal Act of 1965 is now incorporated into the
Revision and Recodification of Idaho Municipal Law, House Bill 3.
COMMENT: The Urban Renewal Act of 1965 violates so many principals of
good government and even of simple justice that strong statements
must be made. Every statement is supported by quotations from the
Urban Renewal Act itself. The supporting evidence is expanded in a
study appended to this summary.
SUMI'.ARY:
Some of my statements I would not have believed myself before I
studied the entire Urban Renewal Act. If you question any state­ment,
I invite you to check my enlarged summary which contains
quotations from the Act, then to check my quotations against the
original bill.
1. Urban Renewal's scope is unbelievably and dangerously large.
(and usually is misrepresented)
a. For example, any one project (allegedly limited) can encompass
an entire city PLUS five miles in every direction from the city
limits---Section 425 (r) Area of Operation.
2. The Urban Renewal Act destroys the right of control, use and
ownership of private. property.
3. Urban Renewal official~ are appointed, not elected,and thus are
not accountable to the voters or responsive to them.
Qlote: anointed, not appointed?)
4. Unlimited powers, (confiscatory, bonding, borrowing, spending)
are placed in the bands of non-elected Urban Renewal commissioners.
5. The Urban Renewal commissioners are placed above the law.
6. Once started, an Urban Renewal Agency can't be stopped.
7. Costs of an Urban Renewal Agency are wholly unlimited.
B. Municipal officers are encouraged to give money, property and
services to ~Tban Renewal. Moreover, the Act encourages them
to act without usual legal safeguards and in secret.
9. The Urban Renewal Act sets up amazing standards and criteria
which encourages abuses.
10. The Federal Government could eventually own all the urban renewal
projects--even the entire city.
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
2
11. This is mere personal opinion. To me, taking by force his
property from a man is stealing. It, to me, is stealing whether
the property is taken by a hold-up man or a governmental body.
For the governmental body to steal from one citizen (the owner)
in order to give it to another (the developer) is the basis of
all socialism. End of personal opinion.
WHAT TO DO ABOUT URBAN RENEWAL:
1. Write and wire your state senators and representatives immediately.
Senator Richard High
Senator John Barker
Rep. Jack Claiborne
Rep. Wm. Lanting
Rep. Wm. Roberts
Rep. Ray Lincoln
2. Ask them to GIVE US A VOTE ON URBAN RENEWAL.
Ask them to vote YES on House Bill 310 or 311.
( they both give us a vote)
3. Ask them to consider repealing the Urban Renewal Act of 1965.
4. Ask them to vote NO on House Bill 3, the revision of Idaho munici­pal
laws that contain (among among many other things) the
Urban Renewal Act.
Explanation: The Urban Renewal Act of 1965 is now the
law. If House Bill 3 is passed, the Urban
Renewal law will merely change name and will
be known thereafter as Section 422-439 of
The Revision and Recodification Act.
Why vote against H.B. 3 :
If the bill is defeated, legislators must reconsider its
components. Thus Urban Renewal would have to be
reconsidered. At least the Urban Renewal Act would
be standing alone, not hidden in another bill.
House Bill 3 would change all cities and villages in
Idaho into one class of cities governed by the same laws.
Does a village of 125 people need the same laws as
Boise ? Does a village of 125 people need the same
officials and planning commissions and paraphernalia
as Boise ?
5.Ask your city commissioners why they won't give us a vote on
Urban Renewal.
6. Explain to people what Urban Renewal is all about.
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
STUDY OF URBAN RENEWAL ACT OF 1965
(now incorporated in Recodification of Municipal Laws,
House Bill 3)
1. URBAN RENEWAL'S SCOPE IS DAtiGEROUSLY LARGE--AND THE SCOPE USUALLY IS
MISREPRESENTED.
A. Any one project (alledgedly limited in area) can encompass an
entire city PLUS FIVE MILES IN EVERY DIRECTION FROH THE CITY LII1ITS.
1. "An urban renewal plan may be modified at any time"--Section
'+30 (e)
2. "Every urban renewal agency shall have all the powers necessary
or convenient ••••• (2) to undertake and carry out urban renewal
projects and related activities within its area of operation ••• "
Section 1+29 and '+29 (a)
3. " 'Area of operation' shall mean the area within the corporate
limits of the municipality and the area with five (5) .miles of
such limits" Section 1+25 (r)
4. " 'Related activities' shall mean (1) planning work for the
preparation of a community-wide plan or program.,. Section
425 (m)
5. •A municipality shall also give consideration to ••• community­wide
plans or programs for urban renewal ••• '' Section 424
6. "Authority is hereby vested in every municipality •• to adopt •••
a general plan for the development of the municipality as a
whole (giving due regard to the environs and the metropolitan
surrounds) Section 431 (c)
7. A municipality may "formulate for the municipality a wGi.rkable
program •• Such workable program may include without limitation ••• ''
Section 426
8. A catastrophy can mean 'instant Urban Renewal' with possible
confiscation of the property of the victims. " •• the local
governing body may approve an urban renewal project .•• without
regard to the provisions •• requiring a general plan for the
community and a public hearing •• " " •• Where local governing
body certifies that an area is in need of rehabilitation or
redevelopment as a result of ••• catastrophe. --Section 430 (g)
11. THE URBAN RENEWAL ACT DESTROYS THE RIGHT OF CONTROL, USAGE AND OWNER­SHIP
OF PRIVATE PROPERTY.
A. The Act authorizes unlimited confiscation of private property via
condemnation and eminent domain.
1. "An urban renewal agency shall have the right to acquire by
negotiations or Condemnation any interest in real property .••
which it may deem necessary f.,r or in connection with an urban
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
2.
renewal project and related activities under this act. An
Urban renewal agency may exercise the power of eminent
domain ••• " Section 432 (a)
B. The act forces compulsory repair and rehabilitation to private
property (Note: this is beyond living up to sanitation ar.1
safety c~des
1. " •• and by compelling the repairs and rehabilitation of
deteriorated or deteriorating structures:" Section 426.
(Note: •·every structure begins to deteriorate as soon as
it is completed.)
2. "Every urban renewal agency shall have all the power necessary
and convenient to •• (g) within its area of operations make (1)
plans for carrying out a program of voluntary compulsory
repair and rehabilitation •• " Section 429 (g)--Note: yes,
that's what the law says, voluntary compulsory!
3. "Urban renewal projects may include undertakings ••• (5) carrying
out plans for the program of voluntary or compulsory repair
and rehabilitation ••. '; Section 425 (j) (5).
C. The Act forces right of unlimited access to private property by
Urban Renewal agents.
1. "Every urban renewal agency shall have all the powers necessary
or convenient ••• {c) within its area of operation to enter into
any building or property in any urban renewal area •• "Section
429 (c). Moreover, access is practically insured by " •••
power .•• to obtain, upon sufficient cause and after a hearing
on the matter, an order from a court of competent jurisdiction
in event entry is denied or resisted'; A Section 429 (c).
Note: Courts have already ruled that the court is forced by
similiar laws to rule against the right of the owner to control
access to his property.
D. The Act allows the Urban Renewal Agency to determine your usage of
private property. Not~: if owner can't use property as he desires,
he is controlled as thoroughly as the property)
1. HA municipality shall also give consideration to •. the enforce­ment
of other laws, codes and regulations relating to the use
and occupancy of building ••• " Section 424
2. "Every urban renewal agency shall have all the powers necessary
and convenient to .• {g) plans for the enforcement of state and
local laws, codes and regulations relating to the use of land
and the use and occupancy of buildings and improvements •• "
Section 429 (g) (2)
3. "An urban renewal agency ••• may prepare a general neighborhood
renewal plan for urban renewal areas that may be of such scope
that urban renewal activities may have to be carried on in
stages over an estimated period of up to ten (10) years.
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
3.
Such plan ( 3) indicates generally that land uses •• "
Section 431 (a) (3)
E. To control land usages in perpetutity, Urban Renewal Agencies
place restrictive covenants in deeds.
1. "An urban renewal agency may sell •• property •• subject to such
covenants, conditions and restrictions as it may deem necessary
or desirable'' Section 433 (a)
2. "It is further found that certain of such areas •• may require
acquisition, clearance and disposition, subject to use
restrictions •. " Section 423
111. URBAN RENEWAL COHMISSIONERS AFB APPOINTED, NOT ELECTED, HENCE, THEY
ARE NOT ACCOUNTAELE TO THE VOTERS OR RESPONSIVE TO THEI1.
1. "There
public
Note:
having
is hereby created in each municipality an independent
body •• known as the 'urban renewal agency' •• Section 429 (a)
apparently city governinE body has nothing to say about
this agency.
2. "The mayor, by and with the advice and consent of the local
governing body, shall appoint a board of commissioners •••• ·
Section 428 (b)
3. No provision is made for the recall of commissioners by the
voters. The only mention regarding ~ontrol of the urban renewal
co!lBilissioners is Section 428 (c): ''For inefficiency or neglect
of duty or misconduct in office, a commissioner may be removed
only after a hearing •. " Hearing body is not specified.
lV. UNLIMITED POWERS ARE PLACED IN THE HANDS OF NON-ELECTED URBAN RENEWAL
COMMISSIONERS.
A. Unlimited powers of confiscation and condemnation are given to
comrnissioners.
1. "The powers of an urban renewal agency shall be excerised by the
collBilissioners thereof." Section 428 (c)
2. "An urban renewal agency shall have the right to acquire by
negotiation or condemnation any interest in real property ..
which it may deem necessary for or in connection with an urban
renewal project or related activities. An urban renewal agency
may exercise the power of eminent domain ••.• " Section 4~2 (a)
B. Unlimited powers of bcrrowin<;, bending, and mortgaging are given to
the non-elected commissioners.
1. "Every urban renewal agency shall have all the powers necessary
or convenient .. (f) to borrow money ... " Section 429 (f).
There are no restrictions anywhere in the ~ct.
2. "An urban renewal agency shall have the power to issue bonds
from time to time in its discretion .• without limiting the
generality thereof ... ·· Section 434 (a)
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
4.
3. "Every urban renewal agency shall have all the powers
necessary or convenient .••• (c) to mortgage, pledge, hypothecate
or otherwise encumber or dispose of any real property; •.••
Section 429 (c)
C. The non-elected commissioners are given by the Act unlimited
power of making contracts.
l. "Every urban renewal agency shall have all the powers necessary
or convenient ••• to make and execute contracts and other instru­ments
necessary or convenient ••• " Section 429 (a)
2. " ••• to enter into any contracts necessary ••• ·' Section 429 (c)
3. At no place in the Act is there any limitation
V. THE ...cT PLACES THE COMMISSIONERS ABOVE LEGAL RESTRAINTS.
A. Almost any act of the commissioners is made legal.
1. " ••• and that the necessity in the public interest for the
provisions herein enacted (i.e. for the powers conferred on
the Agency) is hereby declared as a matter of legislative
determination.· Section 423 (Comment: COURTS KEEP OUT)
2 • "Any instrwnent executed by an urban renewal agency ••• shall be
conclusively presumed to have been executed in compliance with
the provisions of this act ••• " Section 438
3. " ••• no statutory provision with respect to the acquisition,
clearance or disposition of property shall restrict a muni­cipality
or other public body (Note: An urban renewal agency
is a public body) ••• with respect to an urban renewal project
and related activities, unless the legislature shall specifically
so state>'
4. Section 434 (f) says that in any legal action involving bonds,
the court is instructed to deem all bonding is legally performed.
(Direct quotation too long)
B. The Act provides built-in "escape clauses'' for commissioners to
enable them to avoid responsibility.
l. "Every urban renewal agency shall have all the power NECESSARY
OR CONVENIENT ••• " Section 429. Phrase used elsewhere also.
2. " •• reasonalbe and appropriate •• " Section 429 (a)
3. "·.Necessary or desirable ••• •· Section 433 (a)
C. In the entire Urban Renewal Act of 1965 there is not a single mention
of accountability to the voters, to the local governing body cr to
any controlling group, either by the agency or by its commissioners.
The commissioners have no responsibiliey, accountability or liability.
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
s.
1. All the commissioners are required to do is report once a
year, Section 428 (c) states they must file, with the local
governing body, on or before March 31 of each year a report
of its (the Agency's) activities, which report shall include
a complete financial statement ••• " (Note: no budget, no limits,
no approval by anyone, no justifications--merely a report.)
Vl. ONCE STARTED, AN URBAN RENEWAL AGENCY CANNOT BE HALTED.
A. An Urban Renewal Agency has ~he power to hold property forever.
1. "An urban renewal agency may sell, lease or other--transfer
real 'Property--or MAY RET.~ IN such property ••• " Section 433 (a)
Note: no time limits set.
2. "Urban renewal project may include undertakings and activities
••• including .• (S) disposition of any property .• or retention by
the agency itself ••• ' Section 424 (j) (4). Comment: no
time limit5.
B. An Urban Renewal Agency is given power to operate and maintain pro­perties
without time limits.
1. "An urban renewal agency may temporarily operate and maintain
real property acquired by it ••• ' Section 433 (c). (Comment:
no time limits--and temporary is a loose term in the field of
governmental bureaus)
2. " ••• may temporarily operate •.• properties .•• even though not
in conformity with the urban renewal plan." (Another method
of expanding quietly--or another esc~pe clause?)
Vll. COSTS ARE WHOLLY UNLIMITED FOR AN URBAN RENEWAL AGENCY
A. No mention is made in the Act of accountability, responsibility
or liability of Agency or commissioners. The only requirement
is for the agency to submit a report. No action on the report
is required.
1. "An agency •• shall file, with the local governing body,on or
before March 31 of each year a report of its activities, which
report shall include a complete financial statement ••• "
Section 428 (c)
B. There are no limitations on the number of employees or payroll for
an urban renewal agency.
1. "An urban renewal agency may employ •. such other agents and
employees permanent or temporary, as it may require, and
deterrr.ine their qualifications, duties and compensation."
Section 428 (c).
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
6.
C. Bonding power of an urban renewal agency is unlimited.
1. "An urban renewal agency shall have the power to issiHI bonds
from time to time and in its discretion to finance the
undertakine of any urban renewal project under this act includ­ing,
without limiting the generality thereof •• •· Section ~34 (a)
2. " ••• bonds shall not constitute an indebtedness •• " Section '•3'+ (b)
D. The borrowing power of an Agency is unlimited.
1. "Every urban renewal agency shall have all the power necessary
or convenient ••• (f) to borrow money and to apply for and accept
advances, loans, grants, contributions, and any other form of
financial assistance from .•. public body or any sources, public
or private .. " Section ~29 (f)
E. The contractural power ~f an Agency is unlimited.
1. "Every urban renewal agency shall have all the po1rers necessary
or convenient ••• (a) to make and execute contracts and other
insrtuments necessary or convenient ... " Section 429 (a)
r. An Agency has unlimited power to mortgage properties acquired by the
urban renewal agency.
1. "Every urban renewal agency shall have all the powers necessary
or convenient .• (c) to mortgage, pledge, hypothecate or otherwise
encumber or dispose of any real property ... ' Section 429 (c)
G. Moreover, under the Act municipalities are encouraged to give public
funds, properties and services to urban renewal agencies without
following customary legal procedures.
l. For references, see Vlll (below)
2. It should be remembered that the municipality is obligated
to pay 25%-33% of costs.
a. Public statements of municipal officers
b. Published reports concerning Urban Renewal contracts
with the Federal Government.
Vlll. LOCAL GOVERNING BODIES ARE ENCOURAGED TO GIVE PUBLIC MONIES, PROPERTIES
AND SERVICES TO URBAN RENEWAL PROJECTS AND AGENCIES----AND PERMITTED
TO ACT WITHOUT USUAL M~D PROPER LEGAL SAFEGUARDS.
A. BAD PROVISION: "Bonds issued under this section shall not
constitute an indebtedness within the meaning of any constitu­tional
or statutory debt limitation or restriction •.. •·
Section ~34 (b)
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
7.
B. GOOD PROVISION: "Bonds and other obligations of an urban renewal
agency shall so state on their face that they shall not be a debt
of that municipality." Section 1134 (b)
C. DANGEROUS PROVISION: '· ••• for the purpose of aiding ••• any municipal­ity
may issue and sell its general obligation bonds." Section 1137(e)
D. A danger period in urban renewal is before a project is mommenced.
During this period, a local governing body may assume unlimited
liability for debts of the Urban Renewal Agency.
l. "For the purpose of aiding in the planning, undertaking or
carrying out of an urban renewal project and related activities
authorized by this act, any public body may, upon such terms,
with or without consideration, at it may determine .••. (4)
assume the responsibjlity that may arise as the results of the
exercise of authority by the urban renewal agency under sub-section
(d) of Section 429 ••• ' Section 1137 (a)
2. AND SUBSECTION (d) of Section 1129 says: "Every urban renewal
agency shall have all the powers ••• (d) with the approval of the
local governing body (1) prior to the approval of an urban
renewal plan plan, or the approval of any modification of the
plan, to acquire real property, demolish and remove any struc­ture
... and pay al J. costs."
E. Municipal officers are encouraged to give monies, properties and
services to the Agency and its projects.
1. "For the purpose of aiding in the planning, undertaking or
carrying out of an urban renewal project and related activities
authorized by this act, any public bodies may, upon such terms,
with or without consideration, as it may determine:
1. (1) dedicate, sell or lease any interest in any property •••
(2) incure the expense of any public improvement made by
any public body (Note: Urban Renewal Agency)
(3) do any and all things necessary •••
(II) grant or contribute funds ••• borrow money for •••
(5) enter into agreements •.• including the furnishing of funds ••• '
(6) Note: this is not a quotation---furnish water and sewage
systems, parks, etc. to the urban renewal agency.
Section 437 (a)
2. "For the purpose of aiding ••• such municipality may issue and
sell its general obligation bonds.'· Section 1137 (a)
3. Municipal officers are encouraged and permitted to act without
customary legal safeguards---and in secrecy
"For the purpose of aiding ••• any public body (can execute)
(b) any sale, conveyance, lease or agreement .••. without
appraisal, public notice, advertisement or public bidding.
Section 1137 (b)
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
a.
lX. AMAZING STANDARD AND CRITERIA IN THE URBAN ltENtWAL ACT INVITE ABUSE
A. Strange standards used to justify confiscation and condemnation of
properties.
l. " 'Deteriorating area' shall mean an area with ••• inadequate
street layouts, faulty lot layouts, deterioration of site,
diversity of ownership ••• defective or unusual conditions of
title •• '" Section 425. (i)
2. " .•• open land shall not be acquired unless .•• because of defect­ive
or unusual conditions of title, diversity or ownership,
tax deliquency, improper subdivisions, outmoded street
patterns, deterioration of site, economic disuse, unsuitable
topography or faulty lot layouts •.. · Section 430 (d) (2)
3. " 'Urban renewal project' may include ••• (6) acquisition of
real property •. to eliminate obsolete and other uses detri­mental
to the public welfare •.• " Section 425 (i) {7)
X. OWNERSHIP OF PROJECTS ( EVEN TO CITY-WIDE SIZE) BY THE FEDERAL GOVERN­KENT
IS A POSSIBILITY UNDER THE ACT.
A. Urban Renewal Agency " bonds may be sold to the federal government
and bonds are secured by JDortgages on property held by Urban Renewal
Agency.
1. Urban Renewal Agency" bonds may be sold to the federal govern­ment
at a private sale ••• " Section 434 (a)
2. " ... payment of such bonds may be further secured ... by a mort­gage
of any such urban renewal projects ••• " Section 434 (a)
B. Federal Government promises to loan money to the urban renewal
agency for payment of its bonds and other obligations. The Federal
Government could demand mortgages on urban renewal agency's proper­ties.
Conceivable, foreclosure of the mortgages in the future
could lead to Federal Government ownership of vast areas of a city.
1. "such bonds and obligations shall be secured by an agreement
between the issuer and the federal government in which the
issuer agrees to borrow from the federal government, and the
federal government agrees to lend to the issuer •.• moneys in
the amount which together with other moneys ••• will suffice to
pay the principal of such bonds or other obligations with
interests .••• " Section 435
2. "Every urban renewal agency shall have all the powers necessary
or convenient ••. (c) to mortgage, pledge, hypothecate or other­wise
encumber or dispose of any real property ••• " Section
Section 429 (c)
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
HOUSE BILL 3: Beast or Blessing ?
by
J. H. Crawford
House Bill 3, the revision and recodification of Idaho's laws governing
municipalities, has been promoted as a simple gathering together of existing laws,
a boon to municipal officials and attorneys. One legislator publicly urged pas­sage
on the thesis that it ·vas not the duty of legislators to pass upon the goodness
or badness of pre-existing laws. Their only duty, according to this solon, was to
pass I-:ouse Bill 3, thereby codifying the laws. Hence, the first question must
be: Is House Bill 3 merely a gathering together of existing laws '?
Is House Bill 3 a mere gathering together of laws already on the books?
No, it isn't. Eouse Bill 3, as its title clearly states, is a REVISION of
Idaho's municipal laws.
Are the la·,.rs governing Idaho's municipalities scattered '·''ildly throughout
the latv books? No. The municipal laws are already codified under Title 50.
There are relatively few cross-references to other title or sections.
Are there actually revisions ? Yes. Some revisions change the basic
concepts of Idaho Laws governing municipalities. Other sections extend pre­vious
a.lterations of the basic philosophies of Idaho law. Certain sections of
Idaho law are deleted because of obsolescence (such as the control of the opium
traffic and prostitution). Preserved relatively intact are certain sections of the
existing code while others, such as the regressive Urban Renewal Act of 1965,
are unchanged in every respect. Incidenta.lly, it might not be amiss to quote
from the Revision compiled by the Legislative Council: "The Housing Authority
Law and the Housing Cooperation Law have been retained and incorporated.
It is not that the chapters have such ·."ide application today as much as the
fear exists that the chapter on Urban Renewal may be unconstitutional, requiring
the reinstatement of use of these two chapters. "
The title of House Bill 3 - states that an emergency is declared. .1\lthough
"emergency" in this context means that the bill shall go into effect immediately
upon :1assage, one might inquire: " What's the rush ? . Changing the legal
status c:nd organization of most of Idaho's municipalities cannot be "lccom;>lished
in the blink of an eye. Surely "' little time for planning and ,·eorganization
•:muld not be amiss. Using emergency in the common sense, Id<lt.Jo munici-palities
are being governed by existing laws, It scarcely seems the cities
will go out of existence if revision of their laws is studied even two years
more.
Perhaps the most far-reaching revision of House Bill 3 is c:hanqing
the entire leqal status of municipalities in Idaho. Under existing law,
cities are classified according to size, and the laws are tailored to fit their
varying needs. Cities of the first class are over 15,000 )opulation; their
organization needs be more complex than that of a village of 125 r>eople,
! •
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
Cities of the second class are those of 2,500- 15,000; their needs are some­what
simpler than those of the large city. The third class is villages, i.e.
from 125 to 2,500. Does a village of 125 souls need the officials and super­structure
of a budding metropolis ? Grant that House Bill 3 would reduce the
number of laws on the books, yet is it wise to force all municipalities into
one mould as House Bill 3 does v:hen it states that '111 municipalities will be
cities and governed by indentical laws? It is like fitting all men of all sizes
into one standard size suit, Dumping all Idaho's municipalities into one
barrel appears· as a rather far-reaching revision of the laws of the state.
Under House Bill 3 the attack on the basic theory of electoral represent­ation
begun under the commission form of government is vastly extended. Under
original Idaho lav1, municipalities ':rere divided into •,·.,ards. From each ward
councilmen were elected. The councilmen from each ward represented the
voters of their area in the central governing body. This was truly democratic:
Each voter had a repres:entative responsive to him, But the introduction of the
commission form of government into Idaho changed that. Under the commission
form, representatives are elected "at large". Since then it has become com·­monplace
to find most or all of the commissioners from one area of the city,
and, of course, all tend to be of one socio-economic class. Obviously, it
costs more to campaign in an entire city than in one ward, hence the better
financed candidates tend to win. Unfortunately, this leads to a situation in
which wealthier citizens tend to dominate the local government, and in which
commissioners tend to be responsive mainly to those in their like socio­economic
bracket.
Under House Bill 3, this undemocratic process of "at large"
elections will be expanded to include all municipalities.
House Bill 3 confers direct judicial :;Jower on the municipal governlng
officials, an erosion of the basic American concept of the separation of
judicial, legislative and executive powers. Under House Bill 3, Section 9
" the council of any city shall have the power to compel the attendance of
witnesses • • • all process shall be issued by the mayor., and the attendance
of such witnesses may be compelled by attachment, fine or imprisonment."
In the :,Jast city councils could order the att iindance of witnesses, but all
process had to go through the courts. Under House Bill 3 the mayor will
act as and with the poyver of a Judge: evidently he can issue warrants for
arrest. The council with the mayor can act as judge and jury imposing fines,
attachments and imprisonment.
The Legislative Council in their :,Jrototype of House Bill 3 proclaimed:
"The Planning Commissions (that is, the sections of the existing law dealing
with Planning Commissions ) is retained and in time may become the most
important chapter ••• by its expansion to allow for control by the city over
lands lying outside the corperate limits," Note that the Legislative Council
evidently has in mind further expansion of the control of county territory by
the city. The question arises: Why should a subordinate government, the
city, intrude on the legal authority of its superior government, the county?
2,
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
Does a buck )rivate take control of his captain's desk? In the state's
organizational set-up, the county is the cJrimary unit. Why shoud the county
be whittled down? Above all, why should the lines of authority of govern­mental
units be confused und blurred further ? This is bad organization
whether it be in business, an army or a government. The chain of command
should be clear: muddiness leads to trouble.
Eouse Bill 3 increases the power of a subordinate over its superior.
Street lights out 2 miles, nuisances ( ·.vhatever they are) may be controlled 3
miles out, platting control I mile, and the mayor's powers are extended in
certain instances to 5 miles from the city limits. Moreover, House Bill 3' s
section on Urban Renewal grants even confiscatory power to that city-based
Agency ·aithin its area of operations -- and that includes all the city plus
5 miles in every direction.
Further disrupting the orderly chain of command inherent in the Idaho
Constitution. House Bill 3 provides for direct contracts between cities and
the Federal government in numerous fields. Although these direct contracts
are hailed in some quarters as "home rule"., by these provisions cities
escape necessary control by the state and county governments. More and
more, the tail wags the dog. In the governmental field this must lead
either to anarchy or to complete Federal control.
Further Yreakening of the state's wise restraints on municipal spending
and financing seems inherent in House Bill 3. Although state laws on the
subject have already been ~'latered dovm, House Bill 3 pours in another bucket­ful.
The 10% - 15% ·of assessed valuation clause is further debilitated by
House Bill 3's provisions, such as no apparent limit on municipal bonding foc
utilities (if the people allow it), no apparent limit on revenue bonds, etc.
Urban renewal, of course, strikes off all shackles on the Urban Renewal
Agency itself, and encourages municipalities to aid and abet fiscal irresponsi­bility.
(Note: Urban Renewal is covered in a separate report since it se-ems to
be the capstone of an arch of growing irresponsibility and arbitrariness in
government).
A dangerous tendency in House Bill 3 that is not evident in existing
law (except for Urban Renewal) is control of the ovmer's .USAGE of his
land and other :)rivate ;)roperty. Throughout House Bill 3 is the word use.
Control the use of your land. If a governing body can control the way you
use your )rivate )roperty (unless in a manner detrimental to public health
and safety).. !hat governing body controls you. It can ;JUt you out of business-­or
in business if you are "good". It can decrease or increase the value of
your )roperty ::t will or drive you out. You are not a free man; you are :the
slave of a bureaucrat. Control of the use of a citizen's ;:Jrivate property,
control by government of your private property is a tenet of the National
I-''unicipal League and tts subsidiaries.
The growing tendency toward more secrecy in government is enhanced
by House Bill 3. House Bill 3's Section 156 says: " •••• no publication or
3
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
or public hearings on supplementary codes ••• ". Yet a supplementary code
can render your house "non-confonning" ---or even "illegal". Section 157
dealing with ordinances states that when an ordinance includes repeal of an
entire section, it shall not be necessary to print such section. Why not ?
One can be piaced in the position of violation of an ordinance if one did not
know a certain section had been deleted. Of course, the section on Urban
Renewal abounds in legalization of secrecy in government, but this will be
taken up in an added study. For example Urban Renewal Section 437 (b):
"For the purpose of aiding an urban renewal project, any public body (can
execute) (b) any sale, conveyance, lease or agreement ••• without appraisal,
public notice, advertisement or public bidding.
Putting municipalities into private business seems augmented by House
Bill 3. Municipal electric plants can sell their excess power without limitation
(both present law and H. B. 3); this seems an invitation to go into the electrical
generating business. Section 23 of House Bill 3 invites municipalities to go
into the natural gas distributing business, Section 24 enhances the
transit business as a governmental goal. The trend towards governing bodies
going into private business plus the ;:>ower to license ( and thereby control)
private business seems a dangerous combination.
Certain sections of both ;?resent and proposed laws strike some as danger-ous.
Of course, this depends upon one's basic concepts of government and
the proper limitations of governmental power.
Both House Bill 3 and the present laws (Idaho Code Title 50-ll07)
allow. municipalities to license any business or occupation. That a city
has a right to regulate monopolies and to control activities dangerous to the
health and safety of its citizens, no one denies. But licensing is control,
control even to the point of extinction. What right has any city to regulate
and control my means of livelihood as long as I am not a menace to public
health or safety ? California has had numerous battles on this menace to
private enterprise and individual freedom; Idaho may have some if this law
is not changed.
Nuisances, according to present law as well as House Bill 3, are
what the city council say they are. There is a loose and vague difinition.
If I don't like you, anything you do or own or have is a nuisance to me, It
seems most unwise to give ;>ower to abate nuisances to any g:>verning body when
there is no lc.r;al definition of what constitutes a nuisance. Certainly such
power under v<.~gue and subjective definitions can be subject to abuse. Legal
definition (above the whim of councilmen) will become more important as Urban
Renewal stalks through our cities since "nuisances" can be condemned o:r
confiscated under new laws.
The insidious encroachment of governmental power or. the privr•e voter
is nowhere more pronounced than in Urban Renewal and the Fousing Authority
sections of ' ouse Bill 3 ( unfortunately, present laws dealing with these
subjects are as bad). The right of eminent domain and confiscation of private
4
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
property is au~horized to U•·ban Renewal Agencies -- leading to ~.!!f:~::?tio:>_of
one r.J.n' s pro~~;~y in orde7 to gt_ve it to another. This t:-er.d ;_~ s-:: ;·~·J~:~:S!.
in Hou!.E Bill 3 that municipalities are allov.red to confi:Es7tG p7ivct=> ;:>roperw
even for recreational purposes. Certainly, stealing a man's farm to enable a
few other men to play golf at cut-rates seems a gross injustice and a perver­sion
of the rights of eminent domain.
In House Bill 3 "service functions" are given a broad definition,
seemingly an effort to extend governmental services: whether required, request­ed
or resisted, into every iacet of everyone's life.
Much more could have been included about the section of House Bill 3
on Urban Renewal. The Housing Authority section contains many unpleasant
items, but the housing acts are merely watered-down Urban Renewal Acts. The
Urban Renewal laws appear to be the culmination of a series of previous acts
which inched towards the overwhelming governmental control incorporated in the
Urban Renewal Act of 1965. Since Urban Renewal is the most flagrant violator
of the rights of the private citizen and his propetty, a special study of the
Urban Renewal section of House Bill 3 is appended.
§.Y.M..M~.E..¥ QX.. HOjJjl_E_ Bj_!._!. 11. A marked revision of basic
concepts; an augmentation of past unduly restricted legislation.
COl'iCLUSIONS: Eouse Bill 3 should not be passed because:
1 • House Bill 3 is not a mere compilation of existing laws. It is a far-reach­ing
REVIS I 0 H not only of the laws governing Idaho municipalities ,
but of some of the basic tenets behind those laws.
2. The laws governing Idaho municipaliries are not scattered.
They are already codified.
3. There is no emergency, either in the legal sense or in common sense.
Idaho's municipalities are being governed under present laws; they will
not go out of existence if these revisions are studied longer. In the legal
sense, i.e., if the law is passed it must go into effect immediately,
such rush seems unwise. Certainly changing the legal status and organ­ization
of most of Idaho's cities requires some time for study and planning.
4. House Bill 3 overturns the present system o~ laws proportioned to the
needs of municipalities of vat}•irrg sizes. -House Bill 3 makes all
municipalities full cities to be governed by identical laws.
It's like fitting men of all sizes into one size of suit.
s.
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
5. The basic, democratic theory that each voter should have a representa­tive
responsive to him is further eroded by House Bill 3 in its
change in election laws.
6. House Bill 3 confers direct judicial power on the mayor (executive
branch) and the council (legislative branch). This seems a viola­tion
of the separation of the three branches of governmental power.
7. Power of the municipality over its superior unit, the county, is
enhanced.
8. To further disrupt the orderly chain of command in government, cities
are empowered to contract directly with the Federal government.
9. Dangerous control by governmental units of the citizen's ~of his
private property is emphasized in House Bill 3. If the governing
body controls a man's use of his property, the governing group
controls that man -- even to his right to make a living.
10. The state's control of cities' spending and bonding is further weakened
by House Bill 3.
11. House Bill 3 (especially in the Urban Renewal sector} encourages
increasing secrecy in government.
12, Municipalities are further encouraged to enter private business.
13. Licensing of businesses and occupations by cities is dangerous con­trol.
Licensing power can mean power to extinguish.
14. Nuisances are not defined. Nuisances are what a city council says
they are, a dangerously broad definition.
15. The misuse of the right eminent domain. In Urban Renewal the
property of one citizen may be confiscated to be given at cut-rates
to another ( one subservient to the seizers ) •
16. Urban Renewal violates so many principles of American government
as well as simple justice that a special study has been added.
6
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).

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Full-text

Senator Len Jordan
Washington, D.C.
Dear Senator Jordan:
I thought you might be
1210 Alder Drive
Twin Falls, Idaho
March 14, 1967
Dear Senator Jordan: I though you might be interested in several
things going on in Idaho. Quite a number of voters
throughout the state are becoming disturbed about Urban
Renewal with its confiscation of private property and
uncontrollable costs, and with the alleged recodifi~ation
of Idaho's laws governing municipalities. To my mind,
this recodification actually is a far-reaching revision
of the laws. Making a village of 125 paople adopt the
planning commissions, officials and paraphernalia of
Boise seems quite a change.
I am enclosing two analyses made of the Urban
Renewal Act of 1965 and of House Bill 3, revision of Idaho
municipal laws.
I would be most appreciative of any comments you
might care to make.
Very truly yours
~~~J;, ,'Jt£J
J. H. Crawford, M.D.
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
THE URBAN RENEWAL ACT OF 1965 RE-SCRUTINIZED
By
J. H. CRAWFORD
NOTE: The Urban Renewal Act of 1965 is now incorporated into the
Revision and Recodification of Idaho Municipal Law, House Bill 3.
COMMENT: The Urban Renewal Act of 1965 violates so many principals of
good government and even of simple justice that strong statements
must be made. Every statement is supported by quotations from the
Urban Renewal Act itself. The supporting evidence is expanded in a
study appended to this summary.
SUMI'.ARY:
Some of my statements I would not have believed myself before I
studied the entire Urban Renewal Act. If you question any state­ment,
I invite you to check my enlarged summary which contains
quotations from the Act, then to check my quotations against the
original bill.
1. Urban Renewal's scope is unbelievably and dangerously large.
(and usually is misrepresented)
a. For example, any one project (allegedly limited) can encompass
an entire city PLUS five miles in every direction from the city
limits---Section 425 (r) Area of Operation.
2. The Urban Renewal Act destroys the right of control, use and
ownership of private. property.
3. Urban Renewal official~ are appointed, not elected,and thus are
not accountable to the voters or responsive to them.
Qlote: anointed, not appointed?)
4. Unlimited powers, (confiscatory, bonding, borrowing, spending)
are placed in the bands of non-elected Urban Renewal commissioners.
5. The Urban Renewal commissioners are placed above the law.
6. Once started, an Urban Renewal Agency can't be stopped.
7. Costs of an Urban Renewal Agency are wholly unlimited.
B. Municipal officers are encouraged to give money, property and
services to ~Tban Renewal. Moreover, the Act encourages them
to act without usual legal safeguards and in secret.
9. The Urban Renewal Act sets up amazing standards and criteria
which encourages abuses.
10. The Federal Government could eventually own all the urban renewal
projects--even the entire city.
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
2
11. This is mere personal opinion. To me, taking by force his
property from a man is stealing. It, to me, is stealing whether
the property is taken by a hold-up man or a governmental body.
For the governmental body to steal from one citizen (the owner)
in order to give it to another (the developer) is the basis of
all socialism. End of personal opinion.
WHAT TO DO ABOUT URBAN RENEWAL:
1. Write and wire your state senators and representatives immediately.
Senator Richard High
Senator John Barker
Rep. Jack Claiborne
Rep. Wm. Lanting
Rep. Wm. Roberts
Rep. Ray Lincoln
2. Ask them to GIVE US A VOTE ON URBAN RENEWAL.
Ask them to vote YES on House Bill 310 or 311.
( they both give us a vote)
3. Ask them to consider repealing the Urban Renewal Act of 1965.
4. Ask them to vote NO on House Bill 3, the revision of Idaho munici­pal
laws that contain (among among many other things) the
Urban Renewal Act.
Explanation: The Urban Renewal Act of 1965 is now the
law. If House Bill 3 is passed, the Urban
Renewal law will merely change name and will
be known thereafter as Section 422-439 of
The Revision and Recodification Act.
Why vote against H.B. 3 :
If the bill is defeated, legislators must reconsider its
components. Thus Urban Renewal would have to be
reconsidered. At least the Urban Renewal Act would
be standing alone, not hidden in another bill.
House Bill 3 would change all cities and villages in
Idaho into one class of cities governed by the same laws.
Does a village of 125 people need the same laws as
Boise ? Does a village of 125 people need the same
officials and planning commissions and paraphernalia
as Boise ?
5.Ask your city commissioners why they won't give us a vote on
Urban Renewal.
6. Explain to people what Urban Renewal is all about.
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
STUDY OF URBAN RENEWAL ACT OF 1965
(now incorporated in Recodification of Municipal Laws,
House Bill 3)
1. URBAN RENEWAL'S SCOPE IS DAtiGEROUSLY LARGE--AND THE SCOPE USUALLY IS
MISREPRESENTED.
A. Any one project (alledgedly limited in area) can encompass an
entire city PLUS FIVE MILES IN EVERY DIRECTION FROH THE CITY LII1ITS.
1. "An urban renewal plan may be modified at any time"--Section
'+30 (e)
2. "Every urban renewal agency shall have all the powers necessary
or convenient ••••• (2) to undertake and carry out urban renewal
projects and related activities within its area of operation ••• "
Section 1+29 and '+29 (a)
3. " 'Area of operation' shall mean the area within the corporate
limits of the municipality and the area with five (5) .miles of
such limits" Section 1+25 (r)
4. " 'Related activities' shall mean (1) planning work for the
preparation of a community-wide plan or program.,. Section
425 (m)
5. •A municipality shall also give consideration to ••• community­wide
plans or programs for urban renewal ••• '' Section 424
6. "Authority is hereby vested in every municipality •• to adopt •••
a general plan for the development of the municipality as a
whole (giving due regard to the environs and the metropolitan
surrounds) Section 431 (c)
7. A municipality may "formulate for the municipality a wGi.rkable
program •• Such workable program may include without limitation ••• ''
Section 426
8. A catastrophy can mean 'instant Urban Renewal' with possible
confiscation of the property of the victims. " •• the local
governing body may approve an urban renewal project .•• without
regard to the provisions •• requiring a general plan for the
community and a public hearing •• " " •• Where local governing
body certifies that an area is in need of rehabilitation or
redevelopment as a result of ••• catastrophe. --Section 430 (g)
11. THE URBAN RENEWAL ACT DESTROYS THE RIGHT OF CONTROL, USAGE AND OWNER­SHIP
OF PRIVATE PROPERTY.
A. The Act authorizes unlimited confiscation of private property via
condemnation and eminent domain.
1. "An urban renewal agency shall have the right to acquire by
negotiations or Condemnation any interest in real property .••
which it may deem necessary f.,r or in connection with an urban
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
2.
renewal project and related activities under this act. An
Urban renewal agency may exercise the power of eminent
domain ••• " Section 432 (a)
B. The act forces compulsory repair and rehabilitation to private
property (Note: this is beyond living up to sanitation ar.1
safety c~des
1. " •• and by compelling the repairs and rehabilitation of
deteriorated or deteriorating structures:" Section 426.
(Note: •·every structure begins to deteriorate as soon as
it is completed.)
2. "Every urban renewal agency shall have all the power necessary
and convenient to •• (g) within its area of operations make (1)
plans for carrying out a program of voluntary compulsory
repair and rehabilitation •• " Section 429 (g)--Note: yes,
that's what the law says, voluntary compulsory!
3. "Urban renewal projects may include undertakings ••• (5) carrying
out plans for the program of voluntary or compulsory repair
and rehabilitation ••. '; Section 425 (j) (5).
C. The Act forces right of unlimited access to private property by
Urban Renewal agents.
1. "Every urban renewal agency shall have all the powers necessary
or convenient ••• {c) within its area of operation to enter into
any building or property in any urban renewal area •• "Section
429 (c). Moreover, access is practically insured by " •••
power .•• to obtain, upon sufficient cause and after a hearing
on the matter, an order from a court of competent jurisdiction
in event entry is denied or resisted'; A Section 429 (c).
Note: Courts have already ruled that the court is forced by
similiar laws to rule against the right of the owner to control
access to his property.
D. The Act allows the Urban Renewal Agency to determine your usage of
private property. Not~: if owner can't use property as he desires,
he is controlled as thoroughly as the property)
1. HA municipality shall also give consideration to •. the enforce­ment
of other laws, codes and regulations relating to the use
and occupancy of building ••• " Section 424
2. "Every urban renewal agency shall have all the powers necessary
and convenient to .• {g) plans for the enforcement of state and
local laws, codes and regulations relating to the use of land
and the use and occupancy of buildings and improvements •• "
Section 429 (g) (2)
3. "An urban renewal agency ••• may prepare a general neighborhood
renewal plan for urban renewal areas that may be of such scope
that urban renewal activities may have to be carried on in
stages over an estimated period of up to ten (10) years.
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
3.
Such plan ( 3) indicates generally that land uses •• "
Section 431 (a) (3)
E. To control land usages in perpetutity, Urban Renewal Agencies
place restrictive covenants in deeds.
1. "An urban renewal agency may sell •• property •• subject to such
covenants, conditions and restrictions as it may deem necessary
or desirable'' Section 433 (a)
2. "It is further found that certain of such areas •• may require
acquisition, clearance and disposition, subject to use
restrictions •. " Section 423
111. URBAN RENEWAL COHMISSIONERS AFB APPOINTED, NOT ELECTED, HENCE, THEY
ARE NOT ACCOUNTAELE TO THE VOTERS OR RESPONSIVE TO THEI1.
1. "There
public
Note:
having
is hereby created in each municipality an independent
body •• known as the 'urban renewal agency' •• Section 429 (a)
apparently city governinE body has nothing to say about
this agency.
2. "The mayor, by and with the advice and consent of the local
governing body, shall appoint a board of commissioners •••• ·
Section 428 (b)
3. No provision is made for the recall of commissioners by the
voters. The only mention regarding ~ontrol of the urban renewal
co!lBilissioners is Section 428 (c): ''For inefficiency or neglect
of duty or misconduct in office, a commissioner may be removed
only after a hearing •. " Hearing body is not specified.
lV. UNLIMITED POWERS ARE PLACED IN THE HANDS OF NON-ELECTED URBAN RENEWAL
COMMISSIONERS.
A. Unlimited powers of confiscation and condemnation are given to
comrnissioners.
1. "The powers of an urban renewal agency shall be excerised by the
collBilissioners thereof." Section 428 (c)
2. "An urban renewal agency shall have the right to acquire by
negotiation or condemnation any interest in real property ..
which it may deem necessary for or in connection with an urban
renewal project or related activities. An urban renewal agency
may exercise the power of eminent domain ••.• " Section 4~2 (a)
B. Unlimited powers of bcrrowin'
4. Section 434 (f) says that in any legal action involving bonds,
the court is instructed to deem all bonding is legally performed.
(Direct quotation too long)
B. The Act provides built-in "escape clauses'' for commissioners to
enable them to avoid responsibility.
l. "Every urban renewal agency shall have all the power NECESSARY
OR CONVENIENT ••• " Section 429. Phrase used elsewhere also.
2. " •• reasonalbe and appropriate •• " Section 429 (a)
3. "·.Necessary or desirable ••• •· Section 433 (a)
C. In the entire Urban Renewal Act of 1965 there is not a single mention
of accountability to the voters, to the local governing body cr to
any controlling group, either by the agency or by its commissioners.
The commissioners have no responsibiliey, accountability or liability.
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
s.
1. All the commissioners are required to do is report once a
year, Section 428 (c) states they must file, with the local
governing body, on or before March 31 of each year a report
of its (the Agency's) activities, which report shall include
a complete financial statement ••• " (Note: no budget, no limits,
no approval by anyone, no justifications--merely a report.)
Vl. ONCE STARTED, AN URBAN RENEWAL AGENCY CANNOT BE HALTED.
A. An Urban Renewal Agency has ~he power to hold property forever.
1. "An urban renewal agency may sell, lease or other--transfer
real 'Property--or MAY RET.~ IN such property ••• " Section 433 (a)
Note: no time limits set.
2. "Urban renewal project may include undertakings and activities
••• including .• (S) disposition of any property .• or retention by
the agency itself ••• ' Section 424 (j) (4). Comment: no
time limit5.
B. An Urban Renewal Agency is given power to operate and maintain pro­perties
without time limits.
1. "An urban renewal agency may temporarily operate and maintain
real property acquired by it ••• ' Section 433 (c). (Comment:
no time limits--and temporary is a loose term in the field of
governmental bureaus)
2. " ••• may temporarily operate •.• properties .•• even though not
in conformity with the urban renewal plan." (Another method
of expanding quietly--or another esc~pe clause?)
Vll. COSTS ARE WHOLLY UNLIMITED FOR AN URBAN RENEWAL AGENCY
A. No mention is made in the Act of accountability, responsibility
or liability of Agency or commissioners. The only requirement
is for the agency to submit a report. No action on the report
is required.
1. "An agency •• shall file, with the local governing body,on or
before March 31 of each year a report of its activities, which
report shall include a complete financial statement ••• "
Section 428 (c)
B. There are no limitations on the number of employees or payroll for
an urban renewal agency.
1. "An urban renewal agency may employ •. such other agents and
employees permanent or temporary, as it may require, and
deterrr.ine their qualifications, duties and compensation."
Section 428 (c).
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
6.
C. Bonding power of an urban renewal agency is unlimited.
1. "An urban renewal agency shall have the power to issiHI bonds
from time to time and in its discretion to finance the
undertakine of any urban renewal project under this act includ­ing,
without limiting the generality thereof •• •· Section ~34 (a)
2. " ••• bonds shall not constitute an indebtedness •• " Section '•3'+ (b)
D. The borrowing power of an Agency is unlimited.
1. "Every urban renewal agency shall have all the power necessary
or convenient ••• (f) to borrow money and to apply for and accept
advances, loans, grants, contributions, and any other form of
financial assistance from .•. public body or any sources, public
or private .. " Section ~29 (f)
E. The contractural power ~f an Agency is unlimited.
1. "Every urban renewal agency shall have all the po1rers necessary
or convenient ••• (a) to make and execute contracts and other
insrtuments necessary or convenient ... " Section 429 (a)
r. An Agency has unlimited power to mortgage properties acquired by the
urban renewal agency.
1. "Every urban renewal agency shall have all the powers necessary
or convenient .• (c) to mortgage, pledge, hypothecate or otherwise
encumber or dispose of any real property ... ' Section 429 (c)
G. Moreover, under the Act municipalities are encouraged to give public
funds, properties and services to urban renewal agencies without
following customary legal procedures.
l. For references, see Vlll (below)
2. It should be remembered that the municipality is obligated
to pay 25%-33% of costs.
a. Public statements of municipal officers
b. Published reports concerning Urban Renewal contracts
with the Federal Government.
Vlll. LOCAL GOVERNING BODIES ARE ENCOURAGED TO GIVE PUBLIC MONIES, PROPERTIES
AND SERVICES TO URBAN RENEWAL PROJECTS AND AGENCIES----AND PERMITTED
TO ACT WITHOUT USUAL M~D PROPER LEGAL SAFEGUARDS.
A. BAD PROVISION: "Bonds issued under this section shall not
constitute an indebtedness within the meaning of any constitu­tional
or statutory debt limitation or restriction •.. •·
Section ~34 (b)
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
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7.
B. GOOD PROVISION: "Bonds and other obligations of an urban renewal
agency shall so state on their face that they shall not be a debt
of that municipality." Section 1134 (b)
C. DANGEROUS PROVISION: '· ••• for the purpose of aiding ••• any municipal­ity
may issue and sell its general obligation bonds." Section 1137(e)
D. A danger period in urban renewal is before a project is mommenced.
During this period, a local governing body may assume unlimited
liability for debts of the Urban Renewal Agency.
l. "For the purpose of aiding in the planning, undertaking or
carrying out of an urban renewal project and related activities
authorized by this act, any public body may, upon such terms,
with or without consideration, at it may determine .••. (4)
assume the responsibjlity that may arise as the results of the
exercise of authority by the urban renewal agency under sub-section
(d) of Section 429 ••• ' Section 1137 (a)
2. AND SUBSECTION (d) of Section 1129 says: "Every urban renewal
agency shall have all the powers ••• (d) with the approval of the
local governing body (1) prior to the approval of an urban
renewal plan plan, or the approval of any modification of the
plan, to acquire real property, demolish and remove any struc­ture
... and pay al J. costs."
E. Municipal officers are encouraged to give monies, properties and
services to the Agency and its projects.
1. "For the purpose of aiding in the planning, undertaking or
carrying out of an urban renewal project and related activities
authorized by this act, any public bodies may, upon such terms,
with or without consideration, as it may determine:
1. (1) dedicate, sell or lease any interest in any property •••
(2) incure the expense of any public improvement made by
any public body (Note: Urban Renewal Agency)
(3) do any and all things necessary •••
(II) grant or contribute funds ••• borrow money for •••
(5) enter into agreements •.• including the furnishing of funds ••• '
(6) Note: this is not a quotation---furnish water and sewage
systems, parks, etc. to the urban renewal agency.
Section 437 (a)
2. "For the purpose of aiding ••• such municipality may issue and
sell its general obligation bonds.'· Section 1137 (a)
3. Municipal officers are encouraged and permitted to act without
customary legal safeguards---and in secrecy
"For the purpose of aiding ••• any public body (can execute)
(b) any sale, conveyance, lease or agreement .••. without
appraisal, public notice, advertisement or public bidding.
Section 1137 (b)
Reproduced from the manuscript collections at Boise State University Library
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a.
lX. AMAZING STANDARD AND CRITERIA IN THE URBAN ltENtWAL ACT INVITE ABUSE
A. Strange standards used to justify confiscation and condemnation of
properties.
l. " 'Deteriorating area' shall mean an area with ••• inadequate
street layouts, faulty lot layouts, deterioration of site,
diversity of ownership ••• defective or unusual conditions of
title •• '" Section 425. (i)
2. " .•• open land shall not be acquired unless .•• because of defect­ive
or unusual conditions of title, diversity or ownership,
tax deliquency, improper subdivisions, outmoded street
patterns, deterioration of site, economic disuse, unsuitable
topography or faulty lot layouts •.. · Section 430 (d) (2)
3. " 'Urban renewal project' may include ••• (6) acquisition of
real property •. to eliminate obsolete and other uses detri­mental
to the public welfare •.• " Section 425 (i) {7)
X. OWNERSHIP OF PROJECTS ( EVEN TO CITY-WIDE SIZE) BY THE FEDERAL GOVERN­KENT
IS A POSSIBILITY UNDER THE ACT.
A. Urban Renewal Agency " bonds may be sold to the federal government
and bonds are secured by JDortgages on property held by Urban Renewal
Agency.
1. Urban Renewal Agency" bonds may be sold to the federal govern­ment
at a private sale ••• " Section 434 (a)
2. " ... payment of such bonds may be further secured ... by a mort­gage
of any such urban renewal projects ••• " Section 434 (a)
B. Federal Government promises to loan money to the urban renewal
agency for payment of its bonds and other obligations. The Federal
Government could demand mortgages on urban renewal agency's proper­ties.
Conceivable, foreclosure of the mortgages in the future
could lead to Federal Government ownership of vast areas of a city.
1. "such bonds and obligations shall be secured by an agreement
between the issuer and the federal government in which the
issuer agrees to borrow from the federal government, and the
federal government agrees to lend to the issuer •.• moneys in
the amount which together with other moneys ••• will suffice to
pay the principal of such bonds or other obligations with
interests .••• " Section 435
2. "Every urban renewal agency shall have all the powers necessary
or convenient ••. (c) to mortgage, pledge, hypothecate or other­wise
encumber or dispose of any real property ••• " Section
Section 429 (c)
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HOUSE BILL 3: Beast or Blessing ?
by
J. H. Crawford
House Bill 3, the revision and recodification of Idaho's laws governing
municipalities, has been promoted as a simple gathering together of existing laws,
a boon to municipal officials and attorneys. One legislator publicly urged pas­sage
on the thesis that it ·vas not the duty of legislators to pass upon the goodness
or badness of pre-existing laws. Their only duty, according to this solon, was to
pass I-:ouse Bill 3, thereby codifying the laws. Hence, the first question must
be: Is House Bill 3 merely a gathering together of existing laws '?
Is House Bill 3 a mere gathering together of laws already on the books?
No, it isn't. Eouse Bill 3, as its title clearly states, is a REVISION of
Idaho's municipal laws.
Are the la·,.rs governing Idaho's municipalities scattered '·''ildly throughout
the latv books? No. The municipal laws are already codified under Title 50.
There are relatively few cross-references to other title or sections.
Are there actually revisions ? Yes. Some revisions change the basic
concepts of Idaho Laws governing municipalities. Other sections extend pre­vious
a.lterations of the basic philosophies of Idaho law. Certain sections of
Idaho law are deleted because of obsolescence (such as the control of the opium
traffic and prostitution). Preserved relatively intact are certain sections of the
existing code while others, such as the regressive Urban Renewal Act of 1965,
are unchanged in every respect. Incidenta.lly, it might not be amiss to quote
from the Revision compiled by the Legislative Council: "The Housing Authority
Law and the Housing Cooperation Law have been retained and incorporated.
It is not that the chapters have such ·."ide application today as much as the
fear exists that the chapter on Urban Renewal may be unconstitutional, requiring
the reinstatement of use of these two chapters. "
The title of House Bill 3 - states that an emergency is declared. .1\lthough
"emergency" in this context means that the bill shall go into effect immediately
upon :1assage, one might inquire: " What's the rush ? . Changing the legal
status c:nd organization of most of Idaho's municipalities cannot be "lccom;>lished
in the blink of an eye. Surely "' little time for planning and ,·eorganization
•:muld not be amiss. Using emergency in the common sense, Ideople,
! •
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
Cities of the second class are those of 2,500- 15,000; their needs are some­what
simpler than those of the large city. The third class is villages, i.e.
from 125 to 2,500. Does a village of 125 souls need the officials and super­structure
of a budding metropolis ? Grant that House Bill 3 would reduce the
number of laws on the books, yet is it wise to force all municipalities into
one mould as House Bill 3 does v:hen it states that '111 municipalities will be
cities and governed by indentical laws? It is like fitting all men of all sizes
into one standard size suit, Dumping all Idaho's municipalities into one
barrel appears· as a rather far-reaching revision of the laws of the state.
Under House Bill 3 the attack on the basic theory of electoral represent­ation
begun under the commission form of government is vastly extended. Under
original Idaho lav1, municipalities ':rere divided into •,·.,ards. From each ward
councilmen were elected. The councilmen from each ward represented the
voters of their area in the central governing body. This was truly democratic:
Each voter had a repres:entative responsive to him, But the introduction of the
commission form of government into Idaho changed that. Under the commission
form, representatives are elected "at large". Since then it has become com·­monplace
to find most or all of the commissioners from one area of the city,
and, of course, all tend to be of one socio-economic class. Obviously, it
costs more to campaign in an entire city than in one ward, hence the better
financed candidates tend to win. Unfortunately, this leads to a situation in
which wealthier citizens tend to dominate the local government, and in which
commissioners tend to be responsive mainly to those in their like socio­economic
bracket.
Under House Bill 3, this undemocratic process of "at large"
elections will be expanded to include all municipalities.
House Bill 3 confers direct judicial :;Jower on the municipal governlng
officials, an erosion of the basic American concept of the separation of
judicial, legislative and executive powers. Under House Bill 3, Section 9
" the council of any city shall have the power to compel the attendance of
witnesses • • • all process shall be issued by the mayor., and the attendance
of such witnesses may be compelled by attachment, fine or imprisonment."
In the :,Jast city councils could order the att iindance of witnesses, but all
process had to go through the courts. Under House Bill 3 the mayor will
act as and with the poyver of a Judge: evidently he can issue warrants for
arrest. The council with the mayor can act as judge and jury imposing fines,
attachments and imprisonment.
The Legislative Council in their :,Jrototype of House Bill 3 proclaimed:
"The Planning Commissions (that is, the sections of the existing law dealing
with Planning Commissions ) is retained and in time may become the most
important chapter ••• by its expansion to allow for control by the city over
lands lying outside the corperate limits," Note that the Legislative Council
evidently has in mind further expansion of the control of county territory by
the city. The question arises: Why should a subordinate government, the
city, intrude on the legal authority of its superior government, the county?
2,
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
Does a buck )rivate take control of his captain's desk? In the state's
organizational set-up, the county is the cJrimary unit. Why shoud the county
be whittled down? Above all, why should the lines of authority of govern­mental
units be confused und blurred further ? This is bad organization
whether it be in business, an army or a government. The chain of command
should be clear: muddiness leads to trouble.
Eouse Bill 3 increases the power of a subordinate over its superior.
Street lights out 2 miles, nuisances ( ·.vhatever they are) may be controlled 3
miles out, platting control I mile, and the mayor's powers are extended in
certain instances to 5 miles from the city limits. Moreover, House Bill 3' s
section on Urban Renewal grants even confiscatory power to that city-based
Agency ·aithin its area of operations -- and that includes all the city plus
5 miles in every direction.
Further disrupting the orderly chain of command inherent in the Idaho
Constitution. House Bill 3 provides for direct contracts between cities and
the Federal government in numerous fields. Although these direct contracts
are hailed in some quarters as "home rule"., by these provisions cities
escape necessary control by the state and county governments. More and
more, the tail wags the dog. In the governmental field this must lead
either to anarchy or to complete Federal control.
Further Yreakening of the state's wise restraints on municipal spending
and financing seems inherent in House Bill 3. Although state laws on the
subject have already been ~'latered dovm, House Bill 3 pours in another bucket­ful.
The 10% - 15% ·of assessed valuation clause is further debilitated by
House Bill 3's provisions, such as no apparent limit on municipal bonding foc
utilities (if the people allow it), no apparent limit on revenue bonds, etc.
Urban renewal, of course, strikes off all shackles on the Urban Renewal
Agency itself, and encourages municipalities to aid and abet fiscal irresponsi­bility.
(Note: Urban Renewal is covered in a separate report since it se-ems to
be the capstone of an arch of growing irresponsibility and arbitrariness in
government).
A dangerous tendency in House Bill 3 that is not evident in existing
law (except for Urban Renewal) is control of the ovmer's .USAGE of his
land and other :)rivate ;)roperty. Throughout House Bill 3 is the word use.
Control the use of your land. If a governing body can control the way you
use your )rivate )roperty (unless in a manner detrimental to public health
and safety).. !hat governing body controls you. It can ;JUt you out of business-­or
in business if you are "good". It can decrease or increase the value of
your )roperty ::t will or drive you out. You are not a free man; you are :the
slave of a bureaucrat. Control of the use of a citizen's ;:Jrivate property,
control by government of your private property is a tenet of the National
I-''unicipal League and tts subsidiaries.
The growing tendency toward more secrecy in government is enhanced
by House Bill 3. House Bill 3's Section 156 says: " •••• no publication or
3
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
or public hearings on supplementary codes ••• ". Yet a supplementary code
can render your house "non-confonning" ---or even "illegal". Section 157
dealing with ordinances states that when an ordinance includes repeal of an
entire section, it shall not be necessary to print such section. Why not ?
One can be piaced in the position of violation of an ordinance if one did not
know a certain section had been deleted. Of course, the section on Urban
Renewal abounds in legalization of secrecy in government, but this will be
taken up in an added study. For example Urban Renewal Section 437 (b):
"For the purpose of aiding an urban renewal project, any public body (can
execute) (b) any sale, conveyance, lease or agreement ••• without appraisal,
public notice, advertisement or public bidding.
Putting municipalities into private business seems augmented by House
Bill 3. Municipal electric plants can sell their excess power without limitation
(both present law and H. B. 3); this seems an invitation to go into the electrical
generating business. Section 23 of House Bill 3 invites municipalities to go
into the natural gas distributing business, Section 24 enhances the
transit business as a governmental goal. The trend towards governing bodies
going into private business plus the ;:>ower to license ( and thereby control)
private business seems a dangerous combination.
Certain sections of both ;?resent and proposed laws strike some as danger-ous.
Of course, this depends upon one's basic concepts of government and
the proper limitations of governmental power.
Both House Bill 3 and the present laws (Idaho Code Title 50-ll07)
allow. municipalities to license any business or occupation. That a city
has a right to regulate monopolies and to control activities dangerous to the
health and safety of its citizens, no one denies. But licensing is control,
control even to the point of extinction. What right has any city to regulate
and control my means of livelihood as long as I am not a menace to public
health or safety ? California has had numerous battles on this menace to
private enterprise and individual freedom; Idaho may have some if this law
is not changed.
Nuisances, according to present law as well as House Bill 3, are
what the city council say they are. There is a loose and vague difinition.
If I don't like you, anything you do or own or have is a nuisance to me, It
seems most unwise to give ;>ower to abate nuisances to any g:>verning body when
there is no lc.r;al definition of what constitutes a nuisance. Certainly such
power under v_of
one r.J.n' s pro~~;~y in orde7 to gt_ve it to another. This t:-er.d ;_~ s-:: ;·~·J~:~:S!.
in Hou!.E Bill 3 that municipalities are allov.red to confi:Es7tG p7ivct=> ;:>roperw
even for recreational purposes. Certainly, stealing a man's farm to enable a
few other men to play golf at cut-rates seems a gross injustice and a perver­sion
of the rights of eminent domain.
In House Bill 3 "service functions" are given a broad definition,
seemingly an effort to extend governmental services: whether required, request­ed
or resisted, into every iacet of everyone's life.
Much more could have been included about the section of House Bill 3
on Urban Renewal. The Housing Authority section contains many unpleasant
items, but the housing acts are merely watered-down Urban Renewal Acts. The
Urban Renewal laws appear to be the culmination of a series of previous acts
which inched towards the overwhelming governmental control incorporated in the
Urban Renewal Act of 1965. Since Urban Renewal is the most flagrant violator
of the rights of the private citizen and his propetty, a special study of the
Urban Renewal section of House Bill 3 is appended.
§.Y.M..M~.E..¥ QX.. HOjJjl_E_ Bj_!._!. 11. A marked revision of basic
concepts; an augmentation of past unduly restricted legislation.
COl'iCLUSIONS: Eouse Bill 3 should not be passed because:
1 • House Bill 3 is not a mere compilation of existing laws. It is a far-reach­ing
REVIS I 0 H not only of the laws governing Idaho municipalities ,
but of some of the basic tenets behind those laws.
2. The laws governing Idaho municipaliries are not scattered.
They are already codified.
3. There is no emergency, either in the legal sense or in common sense.
Idaho's municipalities are being governed under present laws; they will
not go out of existence if these revisions are studied longer. In the legal
sense, i.e., if the law is passed it must go into effect immediately,
such rush seems unwise. Certainly changing the legal status and organ­ization
of most of Idaho's cities requires some time for study and planning.
4. House Bill 3 overturns the present system o~ laws proportioned to the
needs of municipalities of vat}•irrg sizes. -House Bill 3 makes all
municipalities full cities to be governed by identical laws.
It's like fitting men of all sizes into one size of suit.
s.
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).
5. The basic, democratic theory that each voter should have a representa­tive
responsive to him is further eroded by House Bill 3 in its
change in election laws.
6. House Bill 3 confers direct judicial power on the mayor (executive
branch) and the council (legislative branch). This seems a viola­tion
of the separation of the three branches of governmental power.
7. Power of the municipality over its superior unit, the county, is
enhanced.
8. To further disrupt the orderly chain of command in government, cities
are empowered to contract directly with the Federal government.
9. Dangerous control by governmental units of the citizen's ~of his
private property is emphasized in House Bill 3. If the governing
body controls a man's use of his property, the governing group
controls that man -- even to his right to make a living.
10. The state's control of cities' spending and bonding is further weakened
by House Bill 3.
11. House Bill 3 (especially in the Urban Renewal sector} encourages
increasing secrecy in government.
12, Municipalities are further encouraged to enter private business.
13. Licensing of businesses and occupations by cities is dangerous con­trol.
Licensing power can mean power to extinguish.
14. Nuisances are not defined. Nuisances are what a city council says
they are, a dangerously broad definition.
15. The misuse of the right eminent domain. In Urban Renewal the
property of one citizen may be confiscated to be given at cut-rates
to another ( one subservient to the seizers ) •
16. Urban Renewal violates so many principles of American government
as well as simple justice that a special study has been added.
6
Reproduced from the manuscript collections at Boise State University Library
Len B. Jordan Collection MSS 6. Box 156, Folder 30
This material may be protected by copyright (Title 17 U.S. CODE).